Terms of Use

General

Builders Digital Experience LLC ("BDX"), a subsidiary of Builder Homesite, Inc.
("BHI"), is pleased to give you access to its New Home Source Website,
newhomesourceprofessional.com (the "Site"), free of charge. Your use of the Site, and
all information, products and services on this Site or otherwise made available by
or on behalf of BDX, BHI, or any other subsidiary of BHI in conjunction with the site
(collectively, the "Services") are subject to the binding legal terms set forth below
("Terms"). You understand we may update these Terms from time to time without giving
you any notice. Unless we let you know by giving you notice, any new features or
updated Services will be subject to these Terms. BY USING THE SERVICES, YOU AGREE
TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION
SET FORTH BELOW, DO NOT USE THE SERVICES FOR ANY PURPOSE. The Services may contain links
to other Websites. Your use of such other Websites is subject to the terms of use,
if any, contained within each such Website. If there is any conflict between the
Terms set forth below and any terms or notices set forth on any other Website, then
the terms of such other Website will control your use of that Website. Please review
the terms of use for each Website so that you understand all of the terms that will
apply.

Although we attempt to make sure all of the information delivered through the services,
including but not limited to price, square footage, elevation and floorplan images, and
lot size, is accurate, by continuing to use the Services you acknowledge, understand and
agree that it may not be current, accurate, or complete and that Builder Homesite, Inc.
and its suppliers do not warrant or guarantee such accuracy. YOU ARE SOLELY RESPONSIBLE
FOR INDEPENDENTLY VERIFYING ALL INFORMATION DELIVERED THROUGH THE SERVICES BEFORE RELYING
ON THAT INFORMATION IN ANY MANNER.

Privacy

Any information that we may collect from you during your use of the Services is subject
to our Privacy Policy. We encourage you to read and understand our Privacy Policy
which can be accessed at
Privacy
Policy
.

Registration

If you decide to become a registered user of the Services, you will be asked to give
us some information about yourself. If you are not registered with us, please register
and become eligible for our enhanced membership benefits.

During the registration process, you agree to give us true, accurate and complete
information about yourself, and to promptly update this information when it changes.
If you do not update it, we may suspend or terminate your use of the Services as explained
below. Any personal information that you provide to us is subject to the terms of
our
Privacy
Policy
.

Account Information and Password Protection

When you register, you will be assigned your email address as your user name and
you will select a password so that you can access your account with us. You agree
that you will keep this information confidential. You are completely responsible
for maintaining the confidentiality of your password and for all activities undertaken
with your account and password. You agree to log off of the Services at the end
of each session to prevent fraud on your account by third parties. If you think
there has been unauthorized use of your account or password, you agree to immediately
notify BDX and cooperate with us to resolve it. You understand that if you do not
follow the terms of this paragraph, we may suspend or terminate your use of the
Services as explained below. You understand that we are not responsible in any way,
and will not be liable to you or to any third person, if you do not comply with
the terms of this paragraph.

How You Can Use the Services

You may use the Services for your personal, non-commercial use. You
may make a single copy of the individual screens you see when you use the Services,
but only for your personal, non-commercial use, and not for further distribution
or transfer to others. You may not-and agree not to-modify, reformat, copy, display,
distribute, transmit, publish, license, create derivative works from, transfer or
sell any information, products or services obtained from the Services, except as
set forth in this Agreement.

No License Granted

Except for allowing you to use the Services for your personal use as set forth in the
paragraph above, when you use the Services you are not receiving a license or any other
rights from us, including intellectual property or other proprietary rights of BDX, BHI,
or any of their affiliates.
YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER BHI PROPERTY
EXCEPT AS INDICATED IN THIS AGREEMENT.

Protecting Children

The safety of children is very important to us. The Site is a general audience Website
that complies with the Children's Online Privacy Protection Act. When a child under
age 13 attempts to register with the Site, we ask that they have a parent or guardian
establish an account. This is to ensure that the parent or guardian consents to
the collection and use of personally identifying information from that child. If
a parent wishes to refuse to permit further collection or use of their child's information
by BDX, that parent can send an e-mail to us at
support@newhomesourceprofessional.com
to request deletion of their child's account.

BDX strives to create a truly safe place for children on the Internet and over the
airwaves. Parental control protections (such as computer hardware, software or filtering
services) are commercially available that may assist parents in limiting access
to content that may be harmful to minors.

Housing for Older Persons

The Fair Housing Act prohibits certain forms of discrimination including discrimination
against households with children under the age of 18. This prohibition does not
apply to "housing for older persons". Generally, "housing for older persons" falls
into two categories: housing intended for, and solely occupied by persons 62 years
of age or older; and housing that meets certain requirements including that at least
80% of the units are occupied by at least one person who is at least 55 years old.
Some sellers who provide listings to NewRetirementCommunities.com represent to us
that they fall under one of these exceptions, and consequently may restrict occupancy
based on certain age restrictions. In an effort to assist buyers, NewRetirementCommunities.com
identifies those communities that are age restricted. To find the community that
best suits your needs, look for the "age restricted" and "all ages" indicators on
each listing or community detail page

User Content

In some parts of our Services, you may be able to participate in surveys, provide ratings,
or reviews, post comments or questions, or otherwise contribute content for us to use and
display through the Services. Your contributions may include information and materials of
various kinds, including text, graphics, audio/video recordings, ratings, reviews, surveys,
responses, feedback, questions, comments, and similar content ("User Content"). If you do
so, you guarantee to us that:

You have legal rights to post, share or contribute the User Content and it will
not violate any law or the rights of any person;

The User Content you post or share is, to the best of your knowledge accurate;

You are entirely responsible for all User Content you upload, post, e-mail, transmit
or otherwise make available by and/or through the Services; and

Additionally, you agree that:

By posting User Content you give us the royalty-free, irrevocable, perpetual,
worldwide right to allow other people to use the User Content as described in these
Terms; and to use, distribute, modify, display, publicly perform, publish, syndicate,
and create derivative
works from this User Content, in any and all media, in any manner, in whole or in
part, without any restriction or responsibilities to you;

We do not screen, monitor, edit or review User Content. We do have the right,
in our sole discretion, to monitor or remove any User Content at any time and without
notice if we believe it will improve our Services. We can also suspend or terminate
use of the Services by anyone who does not follow these Terms.

Conduct of Registered Users and Visitors

We believe that all registered users and visitors benefit from basic rules regarding
conduct while using any of the chat room, bulletin board, e-mail, messaging or discussion
area Services, if offered, so that everyone feels free to share opinions and ideas.
The free flow of ideas is jeopardized when a few individuals act irresponsibly.
To help everyone have a positive experience, we ask, and you agree, to follow the
following basic rules of conduct when using the Services:

You will follow these Terms and all applicable laws;

You will never give your password to anyone (no BDX employee will ever ask for
it) and you will not provide your billing or credit information except to make a
purchase;

You will not harass, threaten or abuse other people when using the Services in any
manner;

You will not interfere with others' use of the Site, including by interrupting
other users' sessions, scrolling down (automatically or manually) to make it difficult
for them, or otherwise act in a way that negatively affects other users' enjoyment
of the Services;

You will not upload, post, e-mail, or otherwise make available any User Content
that is obscene or may be hateful or offensive on racial, ethnic, sexual or any
other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or
invades another person's privacy or proprietary rights, including any patent, trademark,
trade secret, or copyrights of any party;

You will not attempt to harvest any screen names of e-mail addresses for any
commercial use;

You will not collect or store personal information about any other individual
on the Services, or otherwise stalk, repeatedly contact or harass another user;

You will not impersonate any other person or misrepresent a relationship with
any person or entity, including misrepresenting a relationship with BDX; similarly,
you will not adopt a false identity if the purpose of doing so is to deceive or
defraud another;

You will not use the Services to harm minors in any way, or encourage interactions
with minors of a sexual nature;

You will not manipulate the Services so as to hide your identity or participation
in Services (by using another person's identity, changing headers, or
otherwise modifying any other possible identifier);

You will not post any User Content that contains any viruses, cancel bots,
Trojan horses, harmful code, or other computer programs or code designed to interrupt
the Services we provide, users' ability to enjoy the Services, or the proper functioning
of any software, hardware or equipment or materials used in connection with the
Services; and

You will not send any bulk unsolicited advertising, promotional information,
e-mail or other solicitation (including without limitation junk mail, "spam," chain
letters or pyramid schemes of any sort) to any person through the use of the Services,
except in areas that specifically authorize you to do so (auction forums, for instances).

If you violate any of the guidelines set forth above, or any other aspect of these
Terms, we reserve the right to suspend or terminate your rights to use the Services
without giving you any notice. In the event that your service is terminated, you
will immediately lose access to any information that may be on the system. YOU UNDERSTAND
THAT WE ARE NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE
SERVICES FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE,
HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.

Disclosure of Your Identity

From time to time we may receive requests to disclose the identities of our users.
We only will disclose the identities of ours users or other personally identifiable
information in accordance with the terms of our Privacy Policy. See
Privacy Policy
.

Indemnity

You understand that you are personally responsible for your behavior while on the
Services and for all User Content provided via your account, and agree to indemnify
and hold BDX, BHI and its affiliates and their officers, directors, employees and agents
harmless from and against any loss, damage, liability, cost or expense of any kind
(including attorneys' fees) that we may incur in connection with a third party claim
or otherwise, in relation to your use of the Services, your User Content, or your
access to the Site, or your violation of either these Terms or the rights of any
third party.

Disclaimer of Warranties

You understand that your use of the services (including any download from the services
and any loss of data or other damage to your computer system you experience from
using the services) is at your sole risk. you understand that the services and all
information, products and other content (including third party information, products
and content) included in or accessible from the site, are provided on an "as is"
"where-is" and "where available" basis, and are subject to change at any time without
notice to you. you acknowledge that neither bdx, bhi nor any affiliate makes any
warranty that the services will be uninterrupted, timely, secure or error-free. you
understand that neither bdx, bhi nor any affiliate warrants that the results obtained
from your use of the services will meet your expectations. No warranty of any kind,
whether oral or written, can modify the terms of the disclaimer set forth in this document.

To the fullest extent permitted by law, eache of bdx, bhi, and bhi's affiliates disclaims
all representations, warranties and conditions of any kind (express, implied, statutory
or otherwise, including but not limited to the warranties of merchantability and fitness
for a particular purpose, title and non-infringement of proprietary rights) as to the
services and all information, products and other content (including third party information,
products and content) included in or accessible from the site or the services.

Liability Disclaimer

To the maximum extent permitted by applicable law, in no event will bdx, bhi or any of its
affiliates be liable to you (or any third party making claims through you) for any damages
whatsoever, including but not limited to any direct, indirect, special, consequential,
punitive or incidental damages, or damages for loss of use, profits, data or other
intangibles, or the cost of procurement of substitute goods or services, unauthorized
access to and tampering with your personal information or transmissions, arising
out of or related to the use, inability to use, unauthorized use, performance or
non-performance of the site or the services, even if bdx, bhi or any of its affiliates has
been advised previously of the possibility of such damages and whether such damages arise
in contract, negligence, tort, under statute, in equity, at law or otherwise.

Access Restrictions; Termination

We can terminate your access to the Site or the Services at any time. We may also
remove any User Content that you post without cause and without notice to you.

We can also change these Terms at any time, and your continued use of the Services
after any change we make will mean that you agreed with the changes. Notice to you
may be made by displaying notices or links to notices to you generally on the Services.
IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE
SERVICES IN ANY MANNER FOR ANY PURPOSE.

Scheduled and Unscheduled Site Down Times

In order to ensure that you have the latest information and the best tools for your
new home search, newhomesourceprofessional.com regularly performs site maintenance. Our scheduled
maintenance window is every Thursday from 1AM to 6AM Central time. However, there
may be other delays and service interruptions from time to time. We apologize for
any inconvenience this may cause you. If you have questions regarding this, please
contact support@newhomesourceprofessional.com.

Copyrights

Unless otherwise indicated, all content on the Site or delivered through the services
is owned by Builder Homesite, Inc. and/or its licensees and
protected by applicable law, with all rights reserved. BDX takes the protection
of intellectual property rights, including copyrights, very seriously. BDX will
terminate your access to, or use of, the Site and/or the Services, without notice
to you, if you infringe or misappropriate the intellectual property rights, including
copyrights, of others.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code,
Section 501 et seq., copyright owners or their authorized agents may submit a complaint
of alleged copyright infringement to this service provider's designated agent if they have
a good-faith belief that their protected works are being infringed. ALL INQUIRIES NOT
RELEVANT TO CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE. Please refer to
the Notice and Procedure for Making Claims of Copyright Infringement at http://www.builderhomesite.com/copyrightinfringment.html for further instructions.

Equal Housing Opportunity

All real estate advertising on the Site or delivered through the Services is subject
to the Fair Housing Act, which makes it illegal to advertise any preference limitation
or discrimination based on race, color, religion, sex, handicap, familial status or
national origin, or an intention, to make any such preference, limitation or discrimination.
Familial status includes children under the age of 18 living with parents or legal custodians;
pregnant women; and people securing custody of children under 18.

BDX will not knowingly accept any advertising for real estate which is in violation
of the law. All visitors to the Site and users of the Services are hereby informed that all
dwellings advertised are available on an equal opportunity basis. To complain of discrimination
call the U.S. Department of Housing and Urban Development toll-free at 800-669-9777.
The toll-free telephone number for the hearing impaired is 800-927-9275.

Trademarks

NewHome Technologies, NHT, NewHome Source, Builders Digital Experience, and Builder Homesite
are trademarks of Builder Homesite, Inc. or its respective subsidiaries. Other trademarks
are the property of Builder Homesite, Inc. or their respective owners.

Miscellaneous

These Terms are the entire agreement between you and BDX. They supersede any and
all prior or contemporaneous agreements between you and BDX relating to your use
of the Site or the Services. If any part of these Terms is determined to be invalid
or unenforceable, it will not impact any other provision of these Terms, all of
which will remain in full force and effect. These Terms are governed by, and will
be interpreted in accordance with, the laws of the State of Texas, without regard
to any choice of law provisions. You agree that, with the exception of injunctive
relief sought by BDX for any violation of BDX' proprietary or other rights, any
and all disputes relating to these Terms, your use of the Site or the Services shall
be resolved by arbitration in accordance with the then-current rules of the American
Arbitration Association (the "AAA") before an independent arbitrator designated
by the AAA. The location of arbitration shall be Austin, Texas, USA. You can direct
any questions concerning these Terms to:

BDX SMS, MMS & MESSAGING TERMS & CONDITIONS

Builder Homesite, Inc. (“BDX”) offers text message programs (a "program" or "programs"), including SMS, MMS and messaging app-specific programs, itself and on behalf of its clients. Recipients may be enrolled in a program in the following ways: receiving a text invitation, sending a text to specified numbers, filling out a web form, initiating a web chat, or sending a message via various messaging applications. BDx may also send one-time text messages.
Your use of the programs is governed by the terms and conditions below. Use of the programs constitutes your acceptance of these terms, which take effect when you enroll. If you do not agree to these terms, please do not enroll in a program.

Once enrolled in a program, you will have an opportunity to decline the service via a reply to a text message you received that says STOP. By replying START subsequently, you are confirming you would like to restart a subscription to this program. Message frequency varies.

There is no charge to you for this service; however, message and data rates may apply from your mobile carrier. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile phone.

By participating in any program, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance. You agree that you are responsible for paying your carrier’s charges to use the program or, if you are under 18 (in the U.S.) or under the age of majority in your province/territory of residence, that you have permission to use the program from the adult responsible for paying the carrier’s charges.

From time to time, BDx may send Multimedia Messaging Service (MMS) messages—messages with multimedia content (pictures, videos, GIFs, etc.). MMS messages may not be available through all carriers. If your device does not support MMS messages, then you may receive an SMS messages. Prepaid users may not be able to participate. Check with your mobile operator.

BDx reserves the right to terminate any program, in whole or in part, at any time without notice. BDx reserves the right to change these terms or cancel any program at any time. Please check these terms on a regular basis for changes. Your continued use of the program after changes are posted will mean that you accept the terms as modified by the posted changes.

The information in any message may be subject to certain time lags and/or delays. BDx is not responsible for delayed receipt of any message. You are responsible for managing the types of texts and messages you receive. BDx shall not be liable for any direct, indirect, consequential, special, incidental, punitive, or any other damages, even if BDx has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use of a program.

You expressly agree to indemnify, defend, and hold harmless BDx, its directors, officers, employees, servants, agents, representatives, independent contractors, and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses (including reasonable attorneys’ fees), judgments, or penalties of any kind or nature whatsoever arising from your use of the programs.

To stop receiving text messages, text STOP. By enrolling in a program, you consent that following such a request to unsubscribe, you may receive one (1) final message confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your subscription by texting START.